Tribe: Torres Martinez Desert Cahuilla Indians
Chapter 3 Petitions; Hearings; Traditional Dispute Resolution.
Section 6. Peacemaker Mediation; Talking Circles; Traditional Dispute Resolution.
A. Non-Adversial Approaches Preferred
1. It is the Tribe’s preference that a non-adversial approach be used to resolve internal conflicts involving Indian children and their families. The Tribal Court, at any stage of a proceeding under this Code, may order the parties to participate in a confidential Tribal Peacemaking Mediation, or other culturally approprate dispute reolution mechanism, to resolve the matter. A Tribal Peacemaker Mediation, or other culturally appropriate dispute resolution mechanism, will be conducted and facilitated according to the policies and procedures established by the Tribe.
2. It is the Tribe’s preference that a family decision-making model is used when appropriate. The Tribal Court, at any stage of a proceeding under this Code, may order the parties to participate in a Talking Circle or Family Conference with the Tribe’s ICW Department or designated Tribal representative. The Family Conference or Talking Circle will provide the child’s family with an oppurtunity to discuss the underlying issues that led to the need for Tribal intervention and establish a plan to ensure the health, welfare, safety, and well-being of the child. A Family Conference or Talking Circle will be conducted and facilitated according to the policies and procedures established by the Tribe.
B. Presentation to Tribal Courts; Reports
1. Once the parties have engaged in a form of Traditional Dispute Resolution, the Tribe will present a report outlining any otucomes or agreement to the Tribal Court.
2. The Tribal Court may adopt the recommendations provided by the Tribe’s report, Tribal Case Plan, Agreement, or other document; order the family to attend an additional mediation, conference or other culturally appropriate dispute resolution; amend the Tribal Case Plan or Agreement; set the matter for further hearing; or make any Order that will promote a non-adversial, culturally appropraite approach to resolving the matter.